Kinney
Kinney v. Emmis Operation Co.
Opinion
Dissenting Opinion
Rymer, J.
dissenting:
I part company because temporal proximity in this case says nothing about KOIN’s motives; if anything, it cuts against an inference that KOIN acted on account of Kinney’s disclosure that she had lupus. 1 KOIN knew nothing of Kinney’s lupus before her supervisor told Kinney on April 2 of KOIN’s plans to jockey positions and move Kinney into the slot of associate producer of the morning show. (That position was to open up when its current *792 occupant moved into the position of producer of the morning show, which, in turn, had become vacant when its occupant resigned.) Her old position was never filled and her old duties were in fact split up. KOIN had no obligation to undo its plans, which were for the legitimate, non-diseriminatory purpose of saving money. No other substantial evidence raises a triable issue of fact; KOIN’s explanation for lack of documentation and failure to reflect the cost savings on financials is uncontroverted. I would, therefore, affirm.
Lead Opinion
MEMORANDUM ***
Kailee Kinney (“Kinney”) appeals the district court’s order granting her former employer KOIN-TV (“KOIN”) and its par *790 ent Corporation Emmis Operating Company (“Emmis”) (collectively “Defendants”) motion for summary judgment on all of her claims. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse the district court’s decision.
Kinney was diagnosed with lupus in 1988. Beginning in August of 2001, she worked for Defendants for nineteen months, and was promoted from part-time news trainee to an associate producer position. On April 2, 2003, Kinney’s supervisor informed her that she was being reassigned from her daytime position to an overnight associate producer position. Kinney stated that she would be unable to accept the position, because her lupus prevented her from working an overnight shift. On April 7, 2003, she gave her supervisor a doctor’s letter confirming that she was unable to work overnight due to her lupus. The next day, Kinney was notified that KOIN was eliminating her daytime position, and did not have another position for her.
On November 18, 2003, Kinney brought suit against Defendants in the United States District Court for the…